Resolutions
and Ordinances are subject to amendment, rescission or repeal, or
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http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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AGENDA

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, February 25, 2003 – 7:00 p.m

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items
listed on the agenda, the Mayor may add additional ceremonial matters.

Proclamation honoring the 75th Anniversary
of the Berkeley Children’s Community Center and declaring March 1st
as Children’s Community Center Day

Comments from the City Manager: The City
Manager may make announcements or provide information to the City Council in
the form of an oral report.The Council
will not take action on such items but may request the City Manager place a
report on a future agenda for discussion.

Comments from the Public: A total of 30
minutes is scheduled.Each speaker is
limited to a maximum of 3 minutes.

Council Action: The City Council may take
action related to any subject listed on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the
Consent Calendar prior to voting on the Consent Calendar.All items remaining on the Consent Calendar
will be approved in one motion.Items
removed from the Consent Calendar will be taken up after the “Action Calendar”
unless the Council reorders the agenda.

Recommendation:Adopt second reading of an Ordinance to amend the City’s contract with
CalPERS to provide the Indexed Level of 1959 Survivor Benefit as set forth in
California Government Code Section 21574.5 for local fire employees only to be
effective April 13, 2003.

Recommendation:Adopt
a Resolution approving the settlement of the Alameda County Superior Court
Action No. 2001 033540 entitled Kevan McCarten-Gibbs v. City of Berkeley, et
al. in the amount of $29,999.99.

Recommendation:Adopt
a Resolution reviewing and confirming the continued existence of a local
emergency with regard to HIV transmission from the use of HIV-infected needles
among injection drug users, and authorizing the Local Health Officer to take
steps to enable the operation of needle exchange emergency distribution.

Recommendation:Adopt
a Resolution 1) accepting the donation of $10,000 from an anonymous donor to
fund programs at the Nature Center in the Berkeley Marina;
2) establishing a separate revenue account and expenditure account in the
Marina Enterprise Fund; and 3) appropriating funds in the amount of $10,000 in
the designated expenditure account.

Recommendation:Adopt
a Resolution authorizing the City Manager to accept $32,327 in grant funding
from the State of California, California Law Enforcement Equipment Program
(CLEEP), to purchase computer and high technology equipment.

Recommendation:Adopt
a Resolution authorizing the City Manager to execute a contract and any
amendments with Concept Marine Associates for the design and construction
support services necessary for the Berkeley Marina docks A-E and H-I
Replacement project, in an amount not to exceed $550,000 for all services and
reimbursable expenses for the term ending July 30, 2006.

Recommendation:Adopt a Resolution authorizing the City Manager to execute a contract
and any amendments with Alameda County Computer Resource Center for electronic
waste recycling and disposal services for three years beginning March 18, 2003
through June 30, 2006 in an amount not to exceed $300, 000.

Recommendation:Adopt
a Resolution authorizing the City Manager to execute a contract amendment with
Baker Vilar Architects for the Sather Gate Garage Mall code upgrade project by
increasing the amount up to $48,360 for a total not to exceed $72,860 for the
period August 1, 2002 through June 30, 2004.

Recommendation:Refer
to the City Manager a proposal for an ordinance that would double traffic fines
in specially posted school zones.Request that staff research the costs and benefit of creating some
double fine school zones and work with the Police Department to determine the
feasibility of the proposal.Further,
request that staff review this request and its findings with the Transportation
Commission, and report back to the Council.

Recommendation:Adopt
a Resolution waiving event and sound permit fees associated with the
parade.In addition, pending traffic
engineering review, consider the closing of Telegraph Avenue from Dwight to
Bancroft and consider allowing some cross traffic dependent on staff
recommendations.Also that Council
approve the City’s provision for the Parade and after event of in-kind services
of barricades provided by Public Works.

Recommendation:Request
that a letter be immediately faxed to the California Public Utilities
Commission and to Governor Davis expressing the City’s opposition to the
proposed “exit fees” for solar energy customers and encouraging an alternate
vote that would exempt all solar customers from utility exit fees.

Recommendation:Adopt
a Resolution authorizing the City Manager to execute an agreement with Kenneth
Sarachan for a Use Permit to develop 2501 Haste Street within 18 months and
waiving $500,000 in liens upon start of construction.

Recommendation:Adopt a Resolution approving revised plans and specifications for the
construction of the Café at the Civic Center Building; waiving permit fees;
accepting the bid of Norcal Construction Co.; and authorizing the City Manager
to execute a contract and any amendments in an amount not to exceed $55,000.

Recommendation:Adopt a Resolution authorizing the City
Manager to execute a Funding Agreement between the Alameda County Congestion
Management Agency and the City to accept a grant of $50,000 of Transportation
Fund for Clean Air Program for construction of the Berkeley Shoreline Bike Path
for the Bay Trail Project.

Recommendation:Adopt a Resolution amending the Council
Rules of Procedure and Order, Resolution No. 61,866-N.S., III. Agenda, C (4)
and (5), Presentations to provide for additional written information prior to
scheduling the presentation.

Recommendation:Any corrective action will be taken before the project is accepted.Therefore I recommend the Council not take
action on the Waterfront Commission’s recommendation to reject the border curbs
at this time.

Recommendation:To
advance the City’s preparedness in the event of an earthquake:
1) develop an emergency communications system, including sirens; 2) train and
supply neighborhood response teams, based in each council district; 3) provide
supplies for shelters and for first responders; 4) step up enforcement of
unreinforced masonry buildings (URM) and ensure that fees and fines from
delinquent URM buildings are sufficient to continue enforcement program; and 5)
pass an Ordinance for soft-story buildings, similar to the existing ordinance
for unreinforced masonry buildings.

Recommendation:The Commission is concerned about the impact of the Council Rules
Committee procedures and voted to urge the Council rescind the Rules Committee
portion of the procedures that were adopted.

Recommendation:Approve the recommendation of the Police Review Commission urging the
City Council to rescind the Rules Committee as passed on December 10, 2002 and
return to the fairer and more democratic manner of setting agendas that was
used in the past.

Recommendation:Approve the recommendations of the Police Review Commission and the
Peace and Justice Commission urging the Council to rescind the Rules Committee
as passed on December 10, 2002 and return to a fairer and more democratic
manner of setting agendas that was used in the past.

Recommendation:That
no action be taken on the recommendation of the commissions at this time. The
Council approved a revised version of its “Rules of Procedure and Order” on
December 10, 2002, and indicated that it will review and evaluate the
procedures in six months.The Council
Rules Committee is considering additional amendments in addition to the planned
six-month trial period. Recommendations of commissions should be considered as
part of this process.